Estate Planning Info & FAQs

What is Estate Planning?

Estate planning is a process involving the counsel of professional advisors who are familiar with your goals and concerns, your assets and how they are owned, and your family structure. It can involve the services of a variety of professionals, including your lawyer, accountant, financial planner, life insurance advisor, banker and broker.

Estate planning covers the transfer of property at death as well as a variety of other personal matters and may or may not involve tax planning. The core document most often associated with this process is your will.

Estate Planning Overview

• Estate, Gift, and GST Taxes
• Glossary of Estate Planning Terms

An Introduction to Wills

Frequently Asked Questions about Wills

• What Happens If You Die Without A Will?
• What A Will Does
• What A Will Does Not Do
• How To Execute a Will

Types of Non-probate Property

• Jointly Owned Property
• Trusts
• Annuities and Retirement Benefits
• Life Insurance

Revocable Trusts

• What is a Revocable Living Trust?

Power of Attorney

Questions Regarding Power-of-Attorney

• Introduction
• Who Should Be Your Agent?
• How The Agent Should Sign?
• Beyond Signing Checks

State Laws Vary

• What if I move?
• Will my Power of Attorney expire?

Living Wills, Health Care Proxies, and Advance Health Care Directives

Questions Regarding Living Wills

• Introduction
• Living Wills
• Health Care Proxy
• Why Have Health Directives?
• Obtaining and Maintaining Living Wills and Health Care Proxies
• Organ and Tissue Donation
• Communication is the Key
• Other Resources on Living Wills

The Probate Process

• What is Probate?
• Should you Avoid Probate?

Planning With Retirement Benefits

• Introduction
• Income Taxation of Qualified Plans and IRAs
• Distribution of Plan Assets to the Participant
• Distribution of Plan Assets After the Participant's Death
• Estate Tax Considerations
• Planning Considerations

Guidelines for Individual Executors and Trustees

• Introduction
• Understanding The Will
• Managing Estate Assets
• Handling Debts & Expenses
• Funding the Bequests
• Trust Administration
• Closing the Estate
• Common Questions

The Lawyer's Role and "Do It Yourself" Estate Planning

• What is the Lawyer's Role?
• Do It Yourself Estate Planning

Asset Protection Planning

• Overview of Asset Protection Planning

Disclaimer

This site is provided as a public service by the ABA Real Property, Trust and Estate Law Section. While the information on this site is about legal issues, it is not legal advice or legal representation. Because of the rapidly changing nature of the law and our reliance upon outside sources, we make no warranty or guarantee of the accuracy or reliability of information contained herein.

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